United Malayan Banking Corporation Bhd V Aluminex
Aluminex m sdn bhd anor.
United malayan banking corporation bhd v aluminex. The supreme court in united malayan banking corporation bhd v aluminex m sdn bhd anor held that the constructive notice only applied as to the existence of such prior charge but not the content of it including the restrictive clause. 4 12 5 effect of forfeiture s 131 of nlc upon the taking effect in relation to any land of any forfeiture under this act a the land shall revert to. Banking securities for advances charge 1 1404 banking securities for advances floating charges 1 1433 banking securities for advances priorities 1 1520. United malayan banking corp bhd anor v pemungut hasil tanah kota tinggi the power to grant relief against forfeiture is vested in the state authority in its absolute discretion and not in the courts.
United malayan banking corporation sdn bhd 159 jln ss2 24 ss2 47300 petaling jaya petaling jaya selangor 47300 malaysia petaling jaya selangor darul ehsan 60378753210. Golden approach sdn bhd 2011 3 clj 751 fc refd tio chee hing ors v. Pemungut hasil tanah kota tinggi 1984 2 mlj 84 land law lord keith said that the national land code is complete and comprehensive code governing land tenure in malaysia and there is no room for the importation of any rule of english law. If there is a fixed charge and a floating charge on the same property the fixed charge is in priority.
Aluminex however could readily be distinguished from the present appeal. United malayan banking corp bhd vs. The approach adopted by her ladyship followed closely the guidelines set by the supreme court in united malayan banking corporation bhd v. Bandar builder sdn bhd 2 ors v.
The reliance on aluminex by the high court judge was thus flawed and misplaced. United malayan banking corporation bhd 1993 4 clj 7 sc refd kerajaan malaysia ors v. In 1997 kwong yik bank berhad merged with dcb bank berhad making it the country s biggest ever banking merger at that time. John laing 1983 1 qb 398 refd tasja sdn bhd v.
Paras 30 35 37 3. 3 ii the united malayan banking corporation berhad umbc was set up in 1959 and subsequently became the first commercial bank to be established in independent malaya when it was officially declared open in 1960. This is so even if the floating charge was created and registered first and the creditor who has a fixed charge has knowledge of the floating charge united malayan banking corporation bhd v aluminex m sdn bhd 1993 3 mlj 587.